The public interest litigation (PIL) filed by one Ram Samudre claims that the party was using the national flag and emblem on its websites during political rallies and trying to pass it off as its party symbol.
"The respondents have been using the national flag and emblem to gain political mileage. This is a violation under the Emblems and Names (Prevention of Improper Use) Act and the State Emblem of India (Prohibition of Improper Use) Act," the petition said.
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The petition came up before a division bench of Chief Justice Mohit Shah and Justice M S Sanklecha which posted it for hearing on March 12.
The petition has sought a direction to the political party and its members not to misuse the flag and emblem.